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New Mexico Medical Marijuana Laws – History and Overview

2007 – “The Lynn and Erin Compassionate Use Act” is approved, removing state-level penalties for those who need to use marijuana for medical purposes. This established a Patient Registry Program.

Home cultivation of up to 16 plants (4 mature, 12 immature) may be grown if patient has the appropriate license.

Qualifying patients may carry up to 8 ounces of cannabis for their own personal use.

Dispensaries are operational.

Patients must be aged 18 or over in order to apply and qualify for medical marijuana for themselves.

As of 1st July, 2020, New Mexico has reciprocity with other medical marijuana states. Those with a valid MMJ card and recommendation/certificate can now use their medical marijuana ID card to purchase at a licensed New Mexico dispensary.

Those without a medical marijuana card and in possession of 1 ounce or less may get up to 15 days’ incarceration and/or a fine of $100. A second offense could bring up to one year imprisonment and a $1,000 fine (same with possessing between 1 and less than 8 ounces). These are all misdemeanors.

Possession of 8 ounces or more is a felony, and carries with it up to 1.5 years incarceration and/or a fine of $5,000. This is similar to distribution of 100 pounds or less of cannabis for a first offense.

Cultivation of any amount without a license is a felony, with 9 years incarceration and a $10,000 fine. Sentence and fine is doubled for any subsequent offenses, or if within a school zone.

Possession of hash or concentrates is a misdemeanor, and can land one in jail for up to 1 year and a $1,000 fine. Distributing or making hash or concentrates is a felony, with up to 3 years’ imprisonment and a $5,000 fine.

Possessing or distributing paraphernalia is a misdemeanor, with up to 1 year imprisonment and a $100 fine.

Driving licenses may be revoked upon conviction for those aged 15 or older.

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